Staff Management; c/o Seaton Corporation Luis Chablet WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS CHABLET, Applicant,vs. STAFF MANAGEMENT; C/O SEATON CORPORATION, Defendant(s).Case No. MON 0291817OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION In a petition for reconsideration filed November 16, 2007, lien claimant, Beverly Hills Center for Special Surgery “(petitioner),” seeks reconsideration of the Order of September 18, 2007, in which the Workers Compensation Administrative Law Judge (WCJ) found that petitioner’s lien was not filed until “February 2007,” that petitioner’s lien expired under Labor Code section 4903.5(a), and that the WCAB has no further jurisdiction over the lien. Petition contends that its petition is timely because it did not become aware of the WCJ’s Order until “personal viewing of the WCAB file on or about October 30,2007.” Petitioner further contends that the WCJ’s decision does not comply with Labor Code section 5313, that petitioner’s lien was filed on February 6, 2004 and listed in the Pretrial Conference Statement on August 4, 2005, that defendant had notice of and made payment on petitioner’s lien on June 11, 2004, that the WCJ was not apprised of petitioner’s lien when applicant’s case was settled by Compromise and Release (C&R) on March 6, 2006, that the time limitations of Labor Code of section 4903.5 do not begin running until a lien claimant has notice of the Order Approving Compromise and Release (OACR), that defendant improperly tried to “settle around” petitioner and failed to inform the WCJ of petitioner’s lien, that defendant failed to apprise petitioner of the date of injury, that , petitioner was denied due process, and that defendant is collaterally estopped from asserting that petitioner’s lien was not timely filed. Defendant filed an answer. We begin by noting that petitioner violated WCAB Rule 10842 by attaching as exhibits to its
Luis Chablet vs. Staff Management; C/o Seaton Corporation
This case involves a petition for reconsideration filed by lien claimant Beverly Hills Center for Special Surgery against Staff Management; c/o Seaton Corporation. The petitioner claims that their lien was filed on February 6, 2004 and listed in the Pretrial Conference Statement on August 4, 2005, and that the defendant had notice of and made payment on the lien on June 11, 2004. The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's Order, and returned the matter to the trial level for further proceedings and new decision by the WCJ on the merits of the petitioner's lien.
- Filed On:
- Court: California, San Francisco
- Case No. MON0291817
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